S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5353

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  licensure  of  perfu-
  sionists;  and  to  amend chapter 479 of the laws of 2012 amending the
  education law relating to licensure of perfusionists, in  relation  to
  extending the provisions of such chapter

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  the public interest requires the regulation of the prac-
tice of perfusion and the establishment of clear licensure standards for
perfusionists; and that the health and welfare of the residents  of  the
state  will  be protected by identifying to the public those individuals
who are qualified and legally authorized to practice perfusion.
  S 2. The education law is amended by adding a new article 134 to  read
as follows:
                               ARTICLE 134
                         LICENSED PERFUSIONISTS
SECTION 6630. DEFINITIONS.
        6631. LICENSURE.
        6632. SPECIAL PROVISIONS.
        6633. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
                SIONIST".
        6634. STATE COMMITTEE FOR PERFUSION.
        6635. LIMITED PERMITS.
        6636. ENDORSEMENT AND EXEMPTIONS.
        6637. EXEMPT PERSONS.
  S 6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM  "PERFUSION-
IST"  MEANS  A  PERSON WHO IS LICENSED TO PRACTICE PERFUSION PURSUANT TO
THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11084-02-3

              

S. 5353                             2

  2. THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION  OF
PERFUSIONISTS  WHICH HAS BEEN REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.
  3.  THE  TERM  "PERFUSION"  MEANS  THE  PROVISION OF EXTRACORPOREAL OR
INTRACORPOREAL PATIENT CARE SERVICES TO SUPPORT OR REPLACE THE  CIRCULA-
TORY  OR RESPIRATORY FUNCTION OF A PATIENT, INCLUDING THE ADMINISTRATION
OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, ANESTHETIC AGENTS  AND  BLOOD
PRODUCTS, AND THE MANAGEMENT, TREATMENT AND MONITORING OF THE PHYSIOLOG-
ICAL  STATUS  OF A PATIENT DURING THE OPERATION OF EXTRACORPOREAL CIRCU-
LATION EQUIPMENT OR INTRACORPOREAL EQUIPMENT THAT  REPLACES  OR  SUPPORT
CIRCULATORY OR RESPIRATORY FUNCTIONS.
  ALL PERFUSION SERVICES SHALL BE OF A PHYSICIAN. PERFUSION SERVICES MAY
BE  PERFORMED IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW OR DURING THE TRANSPORT  OF  PATIENTS  OR
ORGANS SUPPORTED BY EXTRACORPOREAL OR INTRACORPOREAL EQUIPMENT.
  4.  THE  TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE FOR PERFUSION
CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-FOUR OF THIS ARTICLE.
  S 6631. LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A  "LICENSED  PERFU-
SIONIST", AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION:
  (I)  HAS  SUCCESSFULLY  COMPLETED  A BACCALAUREATE OR HIGHER DEGREE IN
PERFUSION REGISTERED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT AS
DETERMINED BY THE DEPARTMENT; OR
  (II) HAS COMPLETED A BACCALAUREATE OR HIGHER DEGREE AND A CREDIT BEAR-
ING CERTIFICATE PROGRAM IN PERFUSION ACCEPTABLE TO THE DEPARTMENT; OR
  (III) UNTIL TWO YEARS FROM THE EFFECTIVE DATE  OF  THIS  ARTICLE,  HAS
COMPLETED  A  BACCALAUREATE  OR HIGHER DEGREE AND AN ACCREDITED TRAINING
PROGRAM IN PERFUSION ACCEPTABLE TO  THE  DEPARTMENT  PURSUANT  TO  REGU-
LATIONS.
  C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPT-
ABLE TO THE DEPARTMENT;
  D.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
AGE;
  E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT;
  F.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 6632. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
FOR A LICENSE AS A LICENSED PERFUSIONIST EXCEPT FOR EXAMINATION, EXPERI-
ENCE  AND  EDUCATION  AND  WHO  MEETS  THE REQUIREMENTS ENUMERATED UNDER
SUBDIVISIONS ONE OR TWO OF THIS SECTION MAY BE LICENSED WITHOUT  MEETING
ADDITIONAL  REQUIREMENTS PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLI-
CATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF  THIS
SECTION:
  1. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
SIONIST  FOR  FIVE YEARS IN THE PAST TEN YEARS IN AN INPATIENT UNIT THAT
PROVIDES CARDIAC SURGERY SERVICES IN A HOSPITAL APPROVED BY THE  DEPART-
MENT OF HEALTH OR A SUBSTANTIALLY EQUIVALENT ACCREDITING BODY ACCEPTABLE
TO  THE  COMMITTEE  AND  THE  DEPARTMENT AT LEAST THREE OF SUCH YEARS OF
EXPERIENCE HAVING OCCURRED DURING THE PAST FIVE YEARS;
  2.  APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIFICATION
ORGANIZATION ACCEPTABLE TO THE  COMMITTEE  AND  THE  DEPARTMENT  MAY  BE
LICENSED  IF  THEY HAVE BEEN EMPLOYED AS A PERFUSIONIST FOR THREE OF THE
PAST FIVE YEARS.

S. 5353                             3

  S 6633. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
IST".    ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
TICE PERFUSION. ONLY PERSONS LICENSED AS PERFUSIONISTS MAY USE THE TITLE
"LICENSED PERFUSIONIST".
  S 6634. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR PERFU-
SION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION
OF THE COMMISSIONER AS A COMMITTEE OF THE BOARD FOR MEDICINE  TO  ADVISE
SOLELY  IN  MATTERS RELATING TO PERFUSION AND SHALL ASSIST ON MATTERS OF
LICENSURE AND PROFESSIONAL CONDUCT.
  2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN EIGHT INDIVIDUALS,  TO
BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS AND
  C. TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
  S  6635.  LIMITED  PERMITS.  1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
  2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED  PERFUSIONIST  AND
PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN.
  3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE. A LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL  YEAR  FOR
GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
  4.  FEES.  THE  FEE  FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
DOLLARS.
  S 6636. ENDORSEMENT AND EXEMPTIONS. ON RECEIPT OF AN  APPLICATION  AND
FEE  PURSUANT  TO SECTION SIXTY-SIX HUNDRED THIRTY-FIVE OF THIS ARTICLE,
THE DEPARTMENT MAY ISSUE A LICENSE TO PRACTICE  PERFUSION  TO  A  PERSON
CURRENTLY  LICENSED IN ANOTHER STATE, TERRITORY OR JURISDICTION THAT HAS
REQUIREMENTS FOR LICENSURE OF PERFUSION WHICH THE DEPARTMENT  DETERMINES
TO BE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS OF THIS ARTICLE.
  S 6637. EXEMPT PERSONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1. THE PRACTICE OF PERFUSION BY ANY STUDENT WHO IS ENGAGED IN CLINICAL
TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
OF  THE  PUBLIC HEALTH LAW OR DURING THE TRANSPORT OF PATIENTS OR ORGANS
SUPPORTED BY EXTRACORPOREAL  OR  INTRACORPOREAL  EQUIPMENT  AND  WHO  IS
ENROLLED  IN  A  PERFUSION  PROGRAM APPROVED BY THE DEPARTMENT, PROVIDED
SUCH PRACTICE IS LIMITED  TO  SUCH  CLINICAL  TRAINING  WHICH  SHALL  BE
CARRIED  OUT UNDER THE DIRECT SUPERVISION OF A LICENSED PERFUSIONIST AND
PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN; OR
  2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
THE DEFINITION OF PERFUSION BY ANY  OTHER  PERSON  LICENSED  UNDER  THIS
TITLE,  PROVIDED  THAT  SUCH TASKS OR RESPONSIBILITIES ARE AUTHORIZED BY
THE ARTICLE GOVERNING THE PROFESSION PURSUANT TO WHICH  SAID  PERSON  IS
LICENSED; OR
  3.  THE PRACTICE OF PERFUSION BY ANY LEGALLY QUALIFIED PERFUSIONIST OF
ANY OTHER STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES  OR  THE
PUBLIC  HEALTH  SERVICE  OF  THE UNITED STATES OR WHO IS EMPLOYED BY THE
VETERANS ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF HIS OR  HER
DUTIES.
  S  3. Section 2 of chapter 479 of the laws of 2012 amending the educa-
tion law relating to licensure of perfusionists, is amended to  read  as
follows:
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed [July 1, 2014]
TWO YEARS AFTER ARTICLE 134 OF THE EDUCATION LAW, AS ADDED BY A  CHAPTER

S. 5353                             4

OF  THE  LAWS  OF  2013  ENTITLED "AN ACT TO AMEND THE EDUCATION LAW, IN
RELATION TO LICENSURE OF PERFUSIONISTS; AND TO AMEND CHAPTER 479 OF  THE
LAWS  OF 2012 AMENDING THE EDUCATION LAW RELATING TO LICENSURE OF PERFU-
SIOINISTS,  IN  RELATION  TO  EXTENDING THE PROVISIONS OF SUCH CHAPTER",
TAKES EFFECT.
  S 4. This act shall take effect immediately provided that sections one
and two of this act shall take effect three years after  it  shall  have
become  a  law; provided, further, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation  of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.